Saturday , 27 April 2024
enfrit
The amnesty law definitely happens to be the key to the Malagasy crisis created by putsch in 2009. The related political negotiations had moreover quite a poor start. The ultimate goal remains the presidential election; President Marc Ravalomanana and national reconciliation. In order to settle the issue, the SADC certainly produced a memorandum which is however being interpreted the other way.

The way towards an amnesty completely off the political point

Bill recommended by the SADC grants a broad amnesty related to events occurred between 2002 and 2009. Civilian and military opposing figures jailed by Rajoelina’s regime are well excluded, could however be released as an evidence of appeasement potentially deemed to restore mutual trust within the country.

The content of the famous memorandum.

The law would absolutely not pave any way for impunity. Courts will in no way be hindered from punishing offenses or crimes provided they do so on no political incentive. Criminals may forget about any potential way out, so will anyone guilty of serious violations of human rights, namely murder, kidnapping and torture.

On the other hand, politically motivated crimes expected to be pardoned through the amnesty law remain a strange controversy. It would be an opened gateway for putsch makers, knowing that these are the ones to have caused the largest number of casualties in the run of its repression

The death toll is likely to be turned into a political argument. The number of casualties caused by the attempt to raid the presidential palace on February 7th, 2009 is largely higher that the number of casualties fallen when challenging the HAT’s dictatorship.

The amnesty will not automatically be granted, it will have to be requested. The decision making committee’s composition will certainly be at the heart of another harsh dispute. Victims affected by violations of human rights would be allowed to push for the denial of the amnesty. One more step is to be overcome.

Ravalomanana, the paramount political stakes

SADC does neither decides nor involves itself into the debate. The amnesty law will be a political tool deemed to serve the HAT regime as a way to rule its opponents out, Marc Ravalomanana more than anyone else. It is equally the potential way for his sphere to have Marc Ravalomanana back and fit for political action.

The roadmap’s article unconditionally granting every exiled political figure the right to return home has not yet gone down like a lead balloon. Rajoelina has already expressed his point about it: this law will in no way allow Ravalomanana to recover any political role, let alone stand for election.

He operated a putsch in 2009 with support from rebelling forces and proved how unreliable he actually is, when betraying his given word to keep away from elections. He has ever since amended the constitution, lowered the legally required age for a president to 35, as if a 13 year old kid could legally vote. Thanks to a parliament devoted to him, Andry Rajoelina is in theory able to keep his adversaries at a distance.

According to CT member Guy Ralaiseheno Maxime, “An amnesty law to be granted to Marc Ravalomanana does not make sense since he was trialed by an illegal court. The trial itself is a violation of the Constitution because a supreme court and only a supreme court is entitled to judge a president. “

the amnesty law related debate

It would not be the first ever amnesty law in Madagascar’s history. Previous laws actually did not meet international standards as a matter of fact. The government intends to address both amnesty and national reconciliation during a couple of days.

“Gathering parliamentarians, now that ordinary session period is over, might be a problem,” declared transitional Prime Minister Beriziky, as the way to introduce the fact that the next established by the SADC will once again not be respected.

The Zafy sphere holds the law as a whole as a nonsense. “This legislation is a waste of time, it will not bring peace. Crises will over and over again emerge as long as no appeasement comes forth, no matter what we do” warned Lalatiana Ravololomanana. According to the professor’s sphere, “the National Reconciliation Committee must first tackle the reconciliation process, prior to the amnesty.”

Rajoelina has clearly stated that reconciliation with whoever stands against him is impossible. The TGV is trying to eliminate its opponents by labeling them as murderers. So is the debate on the amnesty.